BINDU SHARMA Vs. RAM PRAKASH SHARMA

JUDGEMENT

(1.) This appeal is filed by the unsuccessful wife (petitioner-appellant) seeking annulment of her marriage with respondent No. 1 against the judgment and decree dated 13-21991 passed by learned Judge, Family Court, Bareilly.

(2.) The annulment of the marriage is sought under Section 12(1) clause (c) of the Hindu Marriage Act, 1955 (the Act, for short), which, in so far as the relevant for the purpose of this case, reads that any marriage solemnized whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on the ground that the consent of the petitioner, was obtained by force or by fraud as to the nature of ceremony or as to any material fact or circumstance concerning the respondent.

(3.) Section 12 describes the circumstances rendering a marriage voidable. A coidable marriage remains valid and binding and continues to subsist for all purposes unless a decree is passed by the court annulling the same on any of the grounds, mentioned in this Section. There is a distinction between a marriage void ipso jure and a marriage which is voidable at the instance of one of the parties to the same; the former is a nullity from the inception and the latter continues to be valid, unless annulled by a decree of the competent court of law.